[{"data":1,"prerenderedAt":-1},["ShallowReactive",2],{"site-shell":3,"site-search-modal-empty-8":171,"page:cases/dui/mandatory-minimum-penalties-for-dui":173,"public-chat-settings":303},{"source":4,"siteName":5,"tagline":6,"contactEmail":7,"contactPhone":8,"contactPhoneTollFree":9,"address":10,"mapsQuery":17,"ratingValue":18,"ratingSource":19,"primaryCta":20,"secondaryCta":23,"chatCta":26,"announcement":30,"google":32,"navigationPrimary":34,"navigationLegal":149},"defaults","Stephen D Aarons","Santa Fe Criminal Defense Lawyer","info@aarons.law","(505) 984-1100","(888) 984-1120",{"street":11,"city":12,"state":13,"stateFullName":14,"zip":15,"full":16},"2019 Galisteo St. Ste H1","Santa Fe","NM","New Mexico","87505","2019 Galisteo Street, Suite H1, Santa Fe, NM 87505-2106","https://www.google.com/maps/place/Stephen+D+Aarons,+Attorney+at+Law/@35.6564853,-105.9549988,17z/data=!3m1!4b1!4m6!3m5!1s0x87220cb8d5a8c3c9:0x331b6810ecf42476!8m2!3d35.6564853!4d-105.9524239!16s%2Fg%2F1tn067lx?entry=ttu&g_ep=EgoyMDI2MDMyMy4xIKXMDSoASAFQAw%3D%3D",0,"",{"label":21,"url":22},"Call Now","tel:+15059841100",{"label":24,"url":25},"Contact","/contact",{"label":27,"url":28,"statusLabel":29},"Start Chat","#start-chat","24/7",{"enabled":31,"text":19,"ctaLabel":19,"ctaUrl":19,"startAt":19,"endAt":19},false,{"analyticsMeasurementId":33,"tagManagerId":19,"searchConsoleVerification":19,"tagManagerAuth":19,"tagManagerPreview":19},"G-XPE216QNM4",[35,127,133,139,145],{"id":36,"group":37,"label":38,"path":39,"externalUrl":19,"openInNewTab":31,"displayOrder":40,"children":41,"groups":42},"primary-1","primary","Cases","/cases",1,[],[43,58,70,82,97,112],{"label":44,"items":45},"DWI & DUI",[46,49,52,55],{"label":47,"path":48},"DWI / DUI 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DUI","New Mexico law imposes mandatory minimum penalties for DUI convictions. These minimums apply regardless of circumstances and limit a judge's ability to reduce or suspend certain parts of a sentence. Understanding these requirements is critical when evaluating risk, negotiating a case, or deciding how to proceed.","What Happens Next","compact",{"id":188,"type":189,"displayOrder":131,"payload":190},"disclaimer","rich_text",{"eyebrow":19,"title":191,"paragraphs":192,"variant":188},"Important",[193],"This is general information, not legal advice. If an arrest happened recently or you believe you are under investigation, do not explain anything to law enforcement before speaking with counsel.",{"id":195,"type":189,"displayOrder":137,"payload":196},"overview",{"eyebrow":197,"title":198,"paragraphs":199},"Overview","Mandatory minimum DUI penalties limit judicial discretion and apply even in first-offense cases.",[200,201,202,203],"Mandatory minimum penalties are punishments the court must impose if a DUI conviction occurs. These penalties apply even when the facts are favorable or the offense is a first DUI. While some aspects of a sentence may be negotiable, mandatory minimums set a floor that cannot be avoided once a conviction is entered.","A mandatory minimum is the lowest sentence allowed by law for a specific offense. If a person is convicted of DUI, the court must impose at least the minimum punishment required, regardless of mitigating circumstances.","Mandatory minimum penalties apply after a DUI conviction, including: first-offense DUI; aggravated DUI; repeat DUI / DWI offenses; certain refusal-related cases.","If a case proceeds toward conviction, mandatory minimum penalties shape negotiations, plea options, and sentencing strategy. Avoiding or reducing mandatory minimum exposure is often a central focus of DUI defense.",{"id":205,"type":206,"displayOrder":143,"payload":207},"key-points","feature_grid",{"eyebrow":19,"title":208,"description":19,"numbered":209,"items":210},"Key points",true,[211,215,219,223],{"label":212,"title":213,"description":214},"Statute","Mandatory minimums apply by statute","These are legislatively mandated — courts must impose them upon conviction regardless of the judge's individual assessment of the case.",{"label":216,"title":217,"description":218},"Waiver","Judges cannot waive required penalties","Unlike discretionary sentencing, mandatory minimums are not subject to judicial mercy or reduction based on circumstances.",{"label":220,"title":221,"description":222},"Aggravated","Aggravated DUI carries higher mandatory minimums","A BAC of 0.16 or higher, refusal of testing, or injury to another person elevates the mandatory minimum significantly.",{"label":224,"title":225,"description":226},"Prior offenses","Penalties increase sharply with prior offenses","Each prior DUI or DWI conviction ratchets up the mandatory minimum — making a first-conviction record critical to manage.",{"id":228,"type":189,"displayOrder":147,"payload":229},"penalties",{"eyebrow":230,"title":231,"paragraphs":232,"variant":239},"Penalties & Requirements","What applies after a DUI conviction",[233,234,235,236,237,238],"Certain DUI convictions require mandatory jail or confinement time. The length increases with aggravating factors and prior convictions. In some cases, limited alternatives may be available, but mandatory time cannot be eliminated entirely.","Ignition interlock installation is mandatory for most DUI convictions. The length of the interlock requirement increases with offense level and applies independently of criminal court sentencing.","Mandatory minimum penalties often coincide with administrative license revocation or restriction through the Motor Vehicle Division (MVD). These proceedings occur separately from criminal court and carry their own mandatory timelines.","Mandatory fines and court costs apply to DUI convictions. These amounts increase with repeat offenses and aggravated charges and are separate from administrative fees.","Courts must order alcohol or substance abuse screening and treatment as part of sentencing. Completion is required and monitored as a condition of probation.","Mandatory probation conditions may include: regular reporting; compliance with treatment; abstaining from alcohol or drugs; compliance with all court and MVD orders.","alt",{"id":241,"type":189,"displayOrder":242,"payload":243},"impact",6,{"eyebrow":244,"title":245,"paragraphs":246},"How these penalties affect a case","Limited judicial discretion",[247,248,249],"Once a DUI conviction occurs, judges have limited authority to reduce mandatory penalties. Negotiation efforts typically focus on charge level, aggravation status, or alternative resolutions where legally available.","Mandatory minimums significantly affect plea discussions. Prosecutors and defense counsel must account for required penalties when evaluating resolutions.","A DUI conviction establishes a baseline for enhanced penalties in future cases. Mandatory minimums increase sharply with subsequent offenses.",{"id":251,"type":251,"displayOrder":252,"payload":253},"faq",7,{"eyebrow":254,"title":255,"description":256,"items":257},"Common Questions","Mandatory minimums — frequently asked","Quick answers to the questions we hear most often. Every case is different — call for a private consultation.",[258,261,264,267,270],{"question":259,"answer":260},"Can a judge give me less than the mandatory minimum?","No. Mandatory minimums are required by statute. A judge cannot sentence below the statutory floor, regardless of mitigating circumstances or the judge's personal assessment. Defense strategy must account for these floors when evaluating resolution options.",{"question":262,"answer":263},"Do mandatory minimums apply even if it's my first DUI?","Yes. New Mexico imposes mandatory penalties on first-offense DUI convictions, including minimum jail or community service, fines, ignition interlock, and screening or treatment requirements. The mandatory minimums for a first offense are lower than for repeat offenses but cannot be waived if a conviction occurs.",{"question":265,"answer":266},"What makes a DUI \"aggravated\" and how does it affect mandatory minimums?","A DUI is classified as aggravated if you had a BAC of 0.16 or higher, refused chemical testing, or caused bodily injury to another person. Aggravated DUI carries higher mandatory minimums across all categories — jail time, fines, interlock requirements, and probation periods. Avoiding an aggravated classification is often an important goal in plea negotiations.",{"question":268,"answer":269},"Can I serve mandatory jail time through a community service program?","In some first-offense cases, limited alternatives to mandatory jail time may be available — such as community service in lieu of certain confinement requirements. These alternatives are fact-dependent, discretionary in some situations, and become less available with aggravated charges or prior offenses. An attorney can evaluate whether alternatives may apply to your case.",{"question":271,"answer":272},"How do mandatory minimums affect plea negotiations?","Mandatory minimums set the floor below which any resolution cannot go. Negotiations typically focus on charge level (e.g., whether a DUI can be reduced to a lesser offense) and whether aggravation applies — both of which directly affect which mandatory minimums apply. Understanding the applicable minimums before any discussion is essential to evaluating any offer.",{"id":274,"type":275,"displayOrder":276,"payload":277},"related","promo_cards",8,{"eyebrow":278,"title":19,"cards":279},"Related Practice Areas",[280,284,287,289,291],{"title":281,"body":282,"ctaLabel":283,"ctaUrl":48},"DUI","Drug or combination impairment charges. Dual court and MVD proceedings. Outcomes often hinge on testing procedure.","Learn more",{"title":285,"body":286,"ctaLabel":283,"ctaUrl":48},"DWI","Alcohol impairment with prior convictions. Mandatory minimums escalate with each offense. Early action matters.",{"title":74,"body":288,"ctaLabel":283,"ctaUrl":75},"Possession, distribution, and trafficking. Penalties range widely. Search-and-seizure issues frequently central.",{"title":62,"body":290,"ctaLabel":283,"ctaUrl":63},"State-controlled prosecution. Immediate no-contact orders, firearm restrictions, and custody implications.",{"title":104,"body":292,"ctaLabel":283,"ctaUrl":105},"Technical or substantive violations. Can result in revocation and exposure to original sentence.",{"id":294,"type":295,"displayOrder":296,"payload":297},"cta","cta_band",9,{"eyebrow":298,"title":299,"description":300,"primaryCtaLabel":301,"primaryCtaUrl":22,"secondaryCtaLabel":302,"secondaryCtaUrl":39},"Talk to counsel before the state defines your case for you.","Early decisions often control everything that follows.","If you are under investigation or facing charges, a short, private consult can clarify exposure, options, and next steps. Free consultation. 24-hour answering service. Payment plans available in many cases.","Call 505-984-1100 Now","Browse All Cases",{"enabled":31,"followUpEnabled":209,"title":304,"assistantName":304,"eyebrow":27,"description":305,"welcomeHeadline":306,"welcomeBody":307,"inputPlaceholder":308,"statusLabel":309,"suggestedPrompts":310,"form":314,"review":325},"Aarons Law Chat","Calm first-step guidance for urgent criminal defense questions.","Tell me what is happening.","Keep it general at first. If the situation is urgent, recent, or someone is in custody, call (505) 984-1100.","Tell us what happened in broad terms. Avoid confidential details for now.","Available 24/7",[311,312,313],"Someone was arrested last night. What should we do first?","Can you explain what happens after a DWI arrest in New Mexico?","I need the office to review this chat and follow up directly.",{"enabled":209,"triggers":315,"headline":321,"description":322,"submitLabel":323,"successMessage":324},[316,317,318,319,320],"contact me","call me","follow up","consultation","talk to a lawyer","Request office follow-up","Share a few details and the office can review the chat and follow up directly.","Send Follow-Up Request","Your follow-up request has been sent to the office.",{"enabled":209,"triggers":326,"threshold":143,"geoPreference":209,"clickTracking":209,"askHeadline":335,"askDescription":336,"positiveHeadline":337,"positiveDescription":338,"negativeHeadline":339,"negativeDescription":340,"reviewSites":341},[327,328,329,330,331,332,333,334],"leave a review","write a review","review","feedback","testimonial","google review","yelp","avvo","How would you rate your experience?","Choose a rating so we can route you to the right next step.","Thank you for the kind words!","Would you mind sharing your experience on one of the review platforms below?","We are sorry to hear that.","Tell us what happened and the office can review it directly.",[]]